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Davis, Jefferson, 1808-1889

"The Rise and Fall of the Confederate Government"

"
New Hampshire, in her Constitution, as revised in 1792, had identically
the same declaration, except as regards the name of the State and the
word "State" instead of "Commonwealth."
Mr. Madison, one of the most distinguished of the men of that day and of
the advocates of the Constitution, in a speech already once referred to,
in the Virginia Convention of 1788, explained that "We, the people," who
were to establish the Constitution, were the people of "thirteen
SOVEREIGNTIES."[63]
In the "Federalist," he repeatedly employs the term--as, for example,
when he says: "Do they [the fundamental principles of the Confederation]
require that, in the establishment of the Constitution, the States
should be regarded as distinct and independent SOVEREIGNS? They _are_ so
regarded by the Constitution proposed."[64]
Alexander Hamilton--another contemporary authority, no less
illustrious--says, in the "Federalist":
"It is inherent in the nature of _sovereignty_, not to be
amenable to the suit of an individual without its consent. This
is the general sense and the general practice of mankind; and
the exemption, as one of the attributes of _sovereignty_, is now
enjoyed by the government of _every State_ in the Union."[65]
In the same paragraph he uses these terms, "sovereign" and
"sovereignty," repeatedly--always with reference to the States,
respectively and severally.


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